Legal Question in Family Law in Virginia
Collection of Child Support from non-custodial parent's spouse
An order for child support originated in VA and the non-custodial parent now resides in Ca and is remarried with a second family. The non-custodial parent is recently diagnosed with mental illness and cannot work. There is an order for garnishment of wages for the child support but she is not working and is unable to go back to work. Her spouse is filing for SSI for her. Can her spouse be held responsible for the child support of her child by a previous relationship? i.e., Can his wages be garnished?
2 Answers from Attorneys
Re: Collection of Child Support from non-custodial parent's spouse
No. But the children are likely entitled to receive Soc Sec benefits if their parent is receiving SSI or Soc Sec. Call your local Soc Sec office.
Re: Collection of Child Support from non-custodial parent's spouse
Spouse is not responsible for child which is not his.
BUT, mother should petition the court which set the child support for a reduction based on her inability to work. Any unpaid child support will be due whether mother can pay or not, until the court changes the support amount.
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